USA > Massachusetts > The journals of each Provincial congress of Massachusetts in 1774 and 1775, and of the Committee of safety, with an appendix, containing the proceedings of the county conventions-narratives of the events of the nineteenth of April, 1775 > Part 18
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Adjourned to three o'clock [this afternoon.]
Afternoon.
Ordered, That the committee on the memorial of the town of Bille- rica, be joined to the committee appointed to take into consideration the memorial from the town of Boston and others.
Ordered, That the committee be enjoined to sit immediately.
a |which will be nt 9 o'clock A. M., Monday next.||
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SECOND PROVINCIAL CONGRESS. [April 4,
Ordered, That Col. Foster be excused from [serving on the] last mentioned committee.
||ª Ordered, That|| Col. Cushing be added to them.
||Congress|| adjourned till to-morrow morning, nine o'clock.
TUESDAY, April 4, 1775, A. M.
Upon a motion made that Capt. Goodridge have liberty to augment his company to one hundred men, and that they be considered as ran- gers; thereupon, Ordered, that Capt. Goodridge apply to Col. Pater- son on this affair, who will have an opportunity to consult the field officers of those regiments of the militia, from which said company is to be enlisted, and that this matter be settled as they shall think best.
The committee appointed to prepare an address to the Mohawks, and a letter to the Rev. Mr. Kirkland, reported ; [the report was] read, and Ordered that the address be recommitted for amendments.
||Congress|| adjourned to three o'clock [this afternoon.]
Afternoon.
A letter to the Rev. Mr. Kirkland, and an address to the Mohawks, amended, [were] reported, and passed, and are as follow :
CONCORD, April 4, 1775.
REV. SIR: The Provincial Congress have thought it necessary to address the sachem of the Mohawk tribe, with the rest of the five na- tions, upon the subject of the controversy between Great Britain and the American colonies. We were induced to take this measure, as we have been informed that those, who are inimical to us in Canada, have been tampering with those nations, and endeavoring to attach them to the interest of those, who are attempting to deprive us of our inestimable rights and privileges, and to subjugate the colonies to arbi- trary power. From a confidence in your attachment to the cause of liberty, and your country, we now transmit to you the enclosed ad- dress, and desire you would deliver it to the sachem of the Mohawk tribe, to be communicated to the rest of the five nations, and that you would use your influence with them, to join with us in the defence of our rights ; but if you cannot prevail with them to take an active part in this glorious cause, that you would, at least, engage them to stand neuter, and not, by any means, to aid and assist our enemies-and as we are at a loss for the name of the sachem of the Mohawk tribe, we have left it to you to direct the address to him, in such way as you may think proper.
a {|and that.}}
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SECOND PROVINCIAL CONGRESS.
1775.]
BROTHERS :- We, the delegates of the inhabitants of the province of the Massachusetts Bay, being come together, to consider what may be best for you and ourselves to do in order to get ourselves rid of those hard- slips which we feel and fear, have thought it our duty to tell you, our good brothers, wliat our fathers in Great Britain have done and threaten to do with us.
Brothers :- you have heard how our fathers were obliged, by the cru- elty of their brethren, to leave their country; how they crossed the great lake and came here ; how they purchased this land with their own money, and how, since that time, they, and we, their sons and grand- sons, have built our houses, and cut down the trees, and cleared and improved the land, at their and our own expense ; how we have fought for them, and conquered Canada and a great many other places, which they have had, and have not paid us for ; after all which, and many other troubles, we thought we had reason to hope, that they would be kind to us, and allow us to enjoy ourselves, and sit in our own houses, and cat our own victuals in peace and quiet ; but, alas! our brothers, we are greatly distressed, and we will tell you our grief, for you, as well as we, are in great danger.
Brothers :- our fathers in Great Britain tell us, our land, and houses, and cattle, and money, are not our own ; that we, ourselves, are not our own men, but their servants; they have endeavored to take away our money without our leave, and have sent their great vessels and a great many warriors for that purpose.
Brothers :- we used to send our vessels on the great lake, whereby we were able to get clothes and what we needed for ourselves and you ; but such lias lately been their conduct, that we cannot ; they have told us, we shall have no more guns, no powder to use and kill onr wolves and other game, nor to send to you, for you to kill your victuals with, and to get skins to trade with us, to buy you blankets, and what you want. How can you live without powder and guns ? But we hope to supply you soon with both of our own making.
Brothers :- they have made a law to establish the religion of the pope in Canada, which lies so near you. We much fear some of your chil- dren may be induced, instead of worshipping the only true God, to pay his due to images made with their own hands.
Brothers :- these and many other hardships we are threatened with, which, no doubt, in the end, will equally affect you; for the same rea- son they would get our lands, they will take away yours. All we want is, that we and you may enjoy that liberty and security, which we have a right to enjoy, and that we may not lose that good land which en-
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SECOND PROVINCIAL CONGRESS.
[April 5,
ables us to feed our wives and children ; we think it our duty to inform you of our danger, and desire you to give notice to all your kindred ; and as we |much|| fear they will attempt to cut our throats, and if you should allow them to do that, there will nobody remain to keep them from you, we therefore earnestly desire you to whet your hatchet and be prepared with us to defend our liberties and lives.
Brothers :- we humbly beseech that God, who lives above and does what is right here below, to enlighten your minds to see that you ought ||to endeavor || to prevent our fathers from bringing those miseries upon us, and to his good providence we commend you.
The committee appointed to draught rules for the army, &c., again reported ; recommitted to bring in the form of two oaths.
Adjourned to ten o'clock to-morrow morning.
WEDNESDAY, April 5, 1775, A. M.
The committee appointed to prepare rules and regulations for the Massachusetts army, having brought in the form of two oaths as direct- ed, the report in whole [was read] and passed, and is as followeth :
IIN PROVINCIAL CONGRESS, Concord, April 5, 1775.|
Whereas, the lust of power, which of old oppressed, persecuted, and exiled our pious and virtuous ancestors from their fair possessions in Britain, now pursues with ten fold severity, us, their guiltless children, who are unjustly and wickedly charged with licentiousness, sedition, treason, and rebellion ; and being deeply impressed with a sense of the almost incredible fatigues and hardships our venerable progenitors en- countered, who fled from oppression for the sake of civil and religious liberty, for themselves and their offspring, and began a settlement here on bare creation, at their own expense; and having seriously consider- ed the duty we owe to God, to the memory of such invincible worthies, to the king, to Great Britain, our country, ourselves, and posterity, do think it our indispensable duty, by all lawful ways and means, in our . power, to recover, maintain, defend, and preserve, the free exercise of all those civil and religious rights, and liberties, for which many of our forefathers fought, bled, and died, and to hand them down en- tire, for the free enjoyment of the latest posterity ; and whereas, the keeping a standing army in any of these colonies in times of peace, without the consent of the legislature of that colony in which sucli army is kept, is against law ; and whereas, such an army, with a large naval force, is now placed in the town and harbor of Boston, for the purpose of subjecting us to the power of the British parliament : and,
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1775.]
whereas, we are frequently told by the tools of administration, dupes to ministerial usurpation, that Great Britain will not, in any degree, relax in her measures, until we acknowledge her " right of mak- ing laws binding upon us in all cases whatever ;" and that, if we refuse by our denial of her claim, the dispute must be decid- ed by arms; in which, it is said by our enemies, " we shall have no chance, being undisciplined, cowards, disobedient, impatient. of command, and possessed of that spirit of ||ªlevelling|| which admits of no order, subordination, rule or government; and, whereas, ||from|| the ministerial army and fleet now at Boston, the large reenforcement of troops expected, the late circular letters to the governors upon the continent, the general tenor of intelligence from Great Britain, and the hostile preparations making here; as also, from the threats and repeat- ed insults of our enemies, in the capital town, we have reason to ap- prehend, that the sudden destruction of this province is in contempla- tion, if not determined upon ;
And, whereas, the great law of self-preservation may suddenly re- quire our raising and keeping an army of observation and defence, in order to prevent or repel any further attempts to ||benforce|| the late cruel and oppressive acts of the British parliament, which are evident- ly designed to subject us and the whole continent to the most ignomini- ous slavery ; and, whereas, in case of raising and keeping such an ar- my, it will be necessary that the officers and soldiers in the same, be fully acquainted with their duty, and that the articles, rules, and regu- lations thereof, be made as plain as possible; and having great confi- dence in the honor and public virtue of the inhabitants of this colony, that they will readily obey the officers, chosen by themselves, and will cheerfully do their duty when known, without any such severe articles and rules, (except in capital cases,) and cruel punishments as are usu- ally practised in standing armies; and will submit to all such rules and regulations as are founded in reason, honor and virtue : it is therefore, Resolved, that the following articles, rules, and regulations for the ar- my, that may be raised for the defence and security of our lives, liber- ties, and estates, be, and hereby are, earnestly recommended to be strictly adhered to by all officers, soldiers, and others concerned, as they regard their own honor and the public good.
ART. 1. All officers and soldiers, not having just impediment, shall diligently frequent divine service and sermon, in the places ap- pointed for the assembling of the regiment, troop, or company, to which
a |revelling.|| ·
b |force .!!
16
.
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[April 5,
they belong, and such as wilfully absent themselves, or, being present, behave indecently or irreverently, shall, if commissioned officers, [be] brought before a regimental court martial, there to be publicly and se- verely reprimanded by the president ; if non commissioned officers or soldiers, every person so offending shall, for his first offence, forfeit one shilling, to be deducted out of his wages; for the second offence, he shall not only forfeit one shilling, but be confined twenty-four hours ; and for every like offence [after,] shall suffer and pay in like manner ; which money so forfeited, shall be applied to the use of the sick sol- diers of the troop or company to which the offender belongs.
ART. 2. Whatsoever non commissioned officer or soldier shall use any unlawful oath or execration, shall incur the penalties expressed in the ||ªfirst|| article ; and if a commissioned officer be thus guilty of pro- fane cursing and swearing, he shall forfeit and pay for each and every such offence four shillings, lawful money.
ART. 3. Any officer or soldier who shall behave himself with contempt or disrespect toward the general or generals, or commanders in chief of the Massachusetts forces, or shall speak words tending to his or their hurt or dishonor, shall be punished, according to the nature of his offence, by the judgment of a general court martial.1
ART. 4. Any officer or soldier, who shall begin, excite, cause, ||bor join in any|| mutiny or sedition, in the regiment, troop, or company, to which he belongs, or in any other regiment, troop, or company of the Massachusetts forces, either by land or sea, or in any party, post, detachment, or guard, on any pretence whatever, shall suffer such pun- ishment as by a general court martial shall be ordered.
ART. 5. Any officer, non commissioned officer, or soldier, who, be- ing present at any mutiny or sedition, does not use his utmost endeav- ors to suppress the same, or, coming to the knowledge of any mutiny, does not, without delay, give information thereof to his commanding officer, shall be punished by order of a general court martial, accord- ing to the nature of his offence.
ART. 6. Any officer or soldier, who shall strike his superior officer, or. draw, or offer to draw, [his sword,] or shall lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatever, or shall disobey any lawful commands of his superior officer, shall suffer such punishment, as shall, according to the nature of his offence, be ordered by the sentence of a general court martial.
a |preceding.||
b ||any mutiny, or sedition, or join in such.||
(1) In the copy, the third article is numbered fourth, and the fourth article inserted in the place of the third.
-
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1775.]
ART. 7. Any non commissioned officer or soldier, who shall desert, or without leave from his commanding officer, absent himself, from the troop or company to which he belongs, or from any detacliment of the saine, shall, upon being convicted thereof, be punished, according to the nature of his offence, at the discretion of a general court martial . · ART. 8. Whatever officer or soldier shall be convicted of having ad- vised, or persuaded any other officer or soldier to desert, shall suffer such punishment as shall be ordered by the sentence of a general court martial.
ART. 9. All officers, of what condition soever, shall have power to part and quell all quarrels, frays, and disorders, though the persons concerned should belong to another regiment, troop, or company, and order officers to be arrested, or non commissioned officers or soldiers to be confined, and imprisoned, till their proper superior officers can be made acquainted therewith; and whoever shall refuse to obey such officer, though of an inferior rank, or shall draw his sword upon him, shall be punished at the discretion of a general court martial.
ART. 10. No officer or soldier shall use any reproachful or provok- ing speeches or gestures ; nor shall presume to send a challenge to any person to fight a duel ; ||a||and whoever shall knowingly and willingly suffer any person whatsoever, to go forth to fight a duel ; ||bor shall second, promote, or carry any challenge, || shall be deemed as a princi- pal ; and whatsoever officer or soldier shall upbraid another for refus- ing a challenge, shall be considered as a challenger ; and all such of- fenders in any of these or the like cases, shall be punished at the dis- cretion of a general court martial.
ART. 11. Every officer, commanding in quarters or on a march, shall keep good order, and, to the utmost of his power, redress all such abuses or disorders, which may be committed to any officer or soldier under his command; if, upon any complaint made to him of officers or soldiers || beating|| or otherwise ill treating any person, or of commit- ting any kind of riots, to the disquieting of the inhabitants of this con- tinent, he, the said commander, shall refuse or omit to see justice done to the offender or offenders, and reparation made to the par- ty or parties injured, as soon as the offender's wages shall enable him or them, [he] shall, upon due proof thereof, be punished, as ordered by a general court martial, in such manner, as if he himself had committed the crimes or disorders complained of.
ART. 12. If any officer should think himself to be wronged by his
a ||nor shall second, promote, or carry any challenge.||
b |[or shall second any such conduct.||
c ||breaking.|
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[April 5,
colonel or the commanding officer of the regiment, and shall, upon due application made to him, be refused to be redressed, he may complain to the general or commander in chief of the Massachusetts forces, in order to obtain justice, who is hereby required to examine into the com- plaint and see that justice be done.
ART. 13. If any inferior officer or soldier shall think himself wronged by his captain or other officer commanding the troop or company to which he belongs, he is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental court mar- tial for the doing justice to the ||ªcomplainant ;|| from which regimental court martial, either party may, if he thinks himself still aggrieved, appeal to a general court martial ; but if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so ap- pealing shall be punished at the discretion of a general court martial.
ART 14. Whatsoever non commissioned officer or soldier shall be convicted at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammunition, arms, or provisions, or other military stores delivered out to him to be employed in the ser- vice of this colony, shall, if an officer, be reduced to a private sentinel, and, if a private soldier, shall suffer such punishment as shall be order- ed by a regimental court martial.
ART. 15. All non commissioned officers or soldiers, who shall be found one mile from the camp, without leave in writing from their com- manding officer, shall suffer such punishment as shall be inflicted on him or them, by the sentence of a regimental court martial.
ART. 16. No officer or soldier shall ||blie|| out of his quarters, or camp, without leave from the commanding officer of the regiment, upon penalty of being punished, according to the nature of his offence, by order of a regimental court martial.
ART. 17. Every non commissioned officer and soldier shall retire to his quarters, or tent, at the beating the retreat ; in default of which, he shall be punished, according to the nature of his offence, by order of the commanding officer.
- ART. 18. No officer, non commissioned officer, or soldier, shall fail of repairing, at the time fixed, to the place of parade, of exercise, or other rendezvous, appointed by the commanding officer, if not prevent- ed by sickness or some other evident necessity; or shall go from the said place of rendezvous, or from his guard, without leave from his commanding officer, before he shall be regularly dismissed, or relieved,
a ||complaint.[]
b ||be.]}
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SECOND PROVINCIAL CONGRESS.
1775.]
on penalty of being punished, according to the nature of his offence, by the sentence of a regimental court martial.
ART. 19. Whatsoever commissioned officer shall be found drunk upon his guard, party, or other duty under arms, shall be cashiered for it; any non commissioned officer or soldier so offending, shall suffer such punishment as shall be ordered by the sentence of a regimental court martial.
ART. 20. Whatever sentinel shall be found sleeping upon his post, or shall leave it before he shall be regularly relieved, shall suffer such punishment as shall be ordered by the sentence of a general court martial.
ART. 21. Any person belonging to the Massachusetts army, who, by discharging of fire-arms, beating of drums, or by any other means whatever, shall occasion false alarms in camp or in quarters, shall suffer such punishment as shall be ordered by the sentence of a general court martial.
ART. 22. Any officer or soldier who shall, without urgent necessity, or without leave of his superior officer, quit his platoon or division, shall be punished, according to the nature of his offence, by the sen- tence of a regimental court martial.
ART. 23. No officer or soldier shall do violence, or offer any insult or abuse, to any person who shall bring provisions or other necessaries to the camp or quarters, of the Massachusetts army; any officer or sol- dier so offending, shall, upon complaint being made to the command- ing officer, suffer such punishment as shall be ordered by a regimental court martial.
ART. 24. Whatever officer or soldier shall shamefully abandon any post committed to his charge, or shall speak words inducing others to do the like, in time of an engagement, shall suffer death immediately.
ART. 25. Any person belonging to the Massachusetts army, who shall ınake known the watchword to any person, who is not entitled to receive it according to the rules and discipline of war, or sliall presume to give a parol or watchword different from what he received, shall suf- fer death, or such other punishment as shall be ordered by a general court martial.
ART. 26. Whosoever, belonging to the Massachusetts army, shall relieve the enemy with money, victuals, or ammunition, or shall know- ingly harbor and protect an enemy, shall suffer such punishinent, as, by a general court martial, shall be ordered.
ART. 27. Whosoever, belonging to the Massachusetts army, shall be convicted of holding correspondence with, or giving intelligence to
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SECOND PROVINCIAL CONGRESS.
[April 5,
the enemy, either directly or indirectly, shall suffer such punishment as, by a general court martial, shall be ordered.
ART. 28. All public stores, taken in the enemy's camp, whether of artillery, ammunition, clothing, or provisions, shall be secured for the use of the Massachusetts colony.
ART. 29. If any officer or soldier shall leave his post or colors, in time of an engagement, to go in search of plunder, he shall, upon be- ing convicted thereof before a general court martial, suffer such pun- ishment as, by said court martial, shall be ordered.
ART. 30. If any commander of any post, entrenchment or fortress, shall be compelled, by the officers or soldiers under his command, to give it up to the enemy, or to abandon it, the commissioned officers or soldiers, who shall be convicted of having so offended, shall suffer death, or such other punishment as may be inflicted upon them by the sentence of a general court martial.
ART. 31. All | sutlers| and retailers to a camp, and all persons whatsoever serving with the Massachusetts army, in the field, though not ||'enlisted|| soldiers, are to be subject to the articles, rules and regu- lations of the Massachusetts army.
ART. 32. No general court martial shall consist of a less number than thirteen, none of which shall be under the degree of a field officer ; and the president of each and every court martial, whether general or regimental, shall have power to administer an oath to every witness in order to the trial of offenders; and the members of all courts martial shall be duly sworn by the president; and the next in rank on the court martial, shall administer the oath to the president.
ART. 33. The members both of general and regimental courts mar- tial shall, when belonging to different corps, take the same rank which they hold in the army; but when courts martial shall be composed of officers of one corps, they shall take || their ranks|| according to their commissions, by which they are mustered in the said corps.
ART. 34. All the members of a court martial are to behave with calmness, decency and impartiality ; and in the giving of their votes, are to begin with the youngest, or lowest in commission.
ART. 35. No field officer shall be tried by any person under the de- gree of a captain ; nor shall any proceeding or trial be carried on, ex- cepting between the hours of eight in the morning and three in the afternoon, except in cases which require an immediate example.
ART. 36. The commissioned officers of every regiment may, by the appointment of their colonel or commanding officer, hold regimental
a |sellers.|
b ||entitled.|| c ||rank.|
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SECOND PROVINCIAL CONGRESS.
1775.]
courts martial for the inquiring into such disputes or criminal matters as may come before them, and for the inflicting corporal punishment for small offences, and shall give judgment by the majority of voices; but no sentence shall be executed, till the commanding officer, not being a inember of the court martial, shall have confirmed the same.
ART. 37. No regimental court martial shall consist of less than five officers, excepting in cases when that number cannot be conveniently assembled, when three may be sufficient : who are likewise to deter- mine upon the sentence, by the majority of voices; which sentence is to be confirmed by the commanding officer, not being a member of the court martial.
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